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Item 1: PH on Ordinance Concerning Noise Disturbance
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Item 1: PH on Ordinance Concerning Noise Disturbance
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6/9/2010 12:15:47 PM
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1/11/2007 11:46:46 AM
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Agenda Item Summary
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1/16/2007
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4. The city manager may impose limitations and conditions granting the variance in <br />order to protect affected persons from the noise disturbance. A violation of any such <br />condition or limitation shall constitute a violation of section 4.080(2) of this code and <br />grounds for revocation of the variance. <br /> <br />5. A decision to grant or deny a variance shall be in writing and shall state the reasons <br />for such decision. The city manager shall notify the applicant of the decision and shall <br />make it available to any person who has submitted written comments on the application. <br /> <br />6. The city manager may revoke a variance without a hearing upon finding that: <br /> <br />a. The applicant has provided false or misleading information, or omitted disclosure of a <br />material fact, on the application or related material; <br /> <br />b. The applicant is operating the sound source in violation of this code or applicable <br />local, state or federal law; <br /> <br />c. The applicant has violated a condition of variance approval; or, <br /> <br />d. New information shows that the permitted activity or device would endanger property <br />or the public health or safety. <br /> <br />7. The action of the city manager in denying a variance application or in revoking an <br />issued variance may be appealed in the manner provided by section 2.021 of this code. <br />The decision of a hearings official on any such appeal is final. The action of the city <br />manager in approving a Class B variance may be appealed under the same procedures <br />if such appeal can be decided in a timely way. Decisions of the city manager in <br />approving a Class A variance are final. <br /> <br />(Section 4.084 added by Ordinance No. 17435, enacted July 28, 1975, and amended by <br />Ordinance No. 19274, enacted August 13, 1984; Ordinance No. 19606 enacted <br />February 27, 1989; Ordinance No. 19697, enacted June 25, 1990; Ordinance <br />No.19902, enacted February 17, 1993, effective March 19, 1993; and administratively <br />amended by Ordinance No. 20113, enacted April 6, 1998, effective May 6, 1998.) <br /> <br /> <br />
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